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Master Repurchase Agreement
"Need a Master Repurchase Agreement for use between our Canadian bank and US-based financial institutions, incorporating cross-border elements and compliance with both Canadian and US regulations, with planned implementation by March 2025."
1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and general intention of the parties
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Initiation; Confirmation; Termination: Procedures for initiating transactions, confirmation requirements, and termination processes
5. Income Payments: Treatment of income on purchased securities during the repo term
6. Margin Maintenance: Requirements and procedures for maintaining margin, including margin calls and transfers
7. Payment and Transfer: Mechanics of payments and securities transfers
8. Events of Default: Definition of events of default and consequences
9. Remedies: Rights and remedies available upon default
10. Single Agreement: Clause establishing all transactions as part of a single agreement
11. Representations and Warranties: Standard representations and warranties of both parties
12. Covenants: Ongoing obligations of the parties
13. Notices and Other Communications: Methods and requirements for formal communications
14. Governing Law and Jurisdiction: Choice of Canadian law and jurisdiction provisions
15. Term and Termination: Duration of the agreement and termination rights
1. Agency Transactions: Required when either party may act as agent for third parties
2. Tax Provisions: Detailed tax provisions when parties have specific tax concerns or cross-border elements
3. Force Majeure: Provisions dealing with extraordinary events affecting performance
4. Electronic Trading: Required when transactions may be conducted through electronic platforms
5. Buy/Sell Back Transactions: Include when parties contemplate buy/sell back transactions
6. Foreign Exchange Transactions: Required for cross-currency repos
7. Custodial Arrangements: Include when third-party custodians are involved
1. Schedule A - Forms of Confirmation: Standard forms for transaction confirmations
2. Schedule B - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule C - Margin Percentages: Agreed margin ratios for different types of securities
4. Schedule D - Agency Terms: Terms applicable to agency transactions if permitted
5. Schedule E - Events of Default: Detailed provisions regarding events of default and their consequences
6. Schedule F - Contact Details: Contact information for notices and margin calls
7. Appendix I - Tax Representations: Required tax representations and certifications
8. Appendix II - Electronic Trading Supplement: Terms governing electronic trading if applicable
9. Appendix III - Jurisdictional Provisions: Specific provisions required under Canadian law
Authors
Financial Services
Banking
Securities Trading
Investment Management
Insurance
Pension Fund Management
Public Sector Finance
Capital Markets
Treasury Services
Legal
Compliance
Trading
Treasury
Risk Management
Operations
Settlement
Documentation
Credit Risk
Portfolio Management
Fixed Income
Collateral Management
Treasury Manager
Securities Trader
Repo Trader
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Portfolio Manager
Fixed Income Trader
Chief Investment Officer
Head of Trading
Collateral Manager
Settlement Officer
Documentation Specialist
Credit Risk Officer
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